The Imperial Study.
Zhang Chao looked at the copies of the recitals presented by the cabinet, and after reading a few copies, he was a little bored.
In the past, the Cabinet voted on the draft to give instructions.
Now, the Cabinet has direct authority to give instructions, so they send them to the Hanlin Yuan for deliberation after giving instructions on the disposition, and if they pass, send them back to the corresponding departments below.
A copy was also presented to the Emperor and the other to the Parliament.
The parliament also does not have the right to review general administrative matters, and now the power of deliberation is vested in the Hanlin Yuan.
However, the parliament has the right to know the situation, and the same is true of the emperor Zhang Chao, according to the constitution, the emperor does not have direct deliberation power, and the emperor only has the ultimate veto power.
In day-to-day affairs, administrative disposition and deliberation are carried out in the Cabinet and the Hanlin Yuan respectively, without going through the Emperor.
There are Ma Zhou and Fang Xuanling, the two cabinet teams, Zhang Chao is actually much more relaxed, and he doesn't need to review the chapters of the night clothes and food, because now the chapters don't need to be reviewed by the emperor's hands.
The cabinet directly disposed of it, and the Hanlin Yuan deliberated and refuted.
All the Emperor saw were copies of his instructions.
Ma Zhou and the others were very old and decent, and there was nothing that Zhang Chao needed to use his veto power.
He had even gotten used to not looking at those copies, because every morning in the morning, the cabinet would routinely report on the state of affairs.
On some major issues, Zhang Chao will also be asked before the cabinet makes a decision.
In the past, Yang Jian and Yang Guang father and son were both representatives of diligent government, and they often reviewed the recitals until the middle of the night, and they were busy with supper clothes and food.
But although there are three provinces to help, the major affairs of the country and the dynasty are decided by the emperor alone, which will still keep the emperor busy.
After the martial arts of the Tang Dynasty, the three provinces were changed to Zhongshu Menxia, and there were also yellow and red, which shared a lot of pressure for the emperor.
With the prime minister's posterity, the pressure on the emperor to deal with affairs was greatly reduced.
But it is still inseparable from the emperor, and everything has to go through his hands.
Only now.
The cabinet is responsible, and the cabinet has both decision-making and administrative powers.
The Hanlin Yuan has the right to deliberate and refute.
There is no need to go through the emperor and dispose of it directly.
Under this system, the emperor was indeed liberated.
From a scientific point of view, there are nine prime ministers in the cabinet and nine bachelors in the Hanlin Academy.
Nine prime ministers are responsible for decision-making, which is of course more efficient than one emperor to think of countermeasures.
And the nine scholars are responsible for deliberating and refutating, which will be more efficient than an emperor staring at it.
The previous emperors, whether it was Yang Jian or Yang Guang, or even Li Yuan, Li Shimin, and Li Chengqian, were all holding on to power and unwilling to let go.
Even if he is tired to death, he will not let go of his hand, and there will even be Ru Chengqian who finally lost his throne in order to get that power.
Zhang Chao is accustomed to being the shopkeeper, and has been in the center several times before, and has been out of town several times, and even served as a leisurely king in Nanyang Luzon for a period of time.
He himself is more admiring the current way of dividing labor.
Emperor, Son of Heaven.
The Ninety-Five is the lord of the world, not a slave.
For state affairs, he takes a general direction and is responsible for the route.
As for the details of the operation, just leave these to the people below.
Just like a head of the house, isn't there also a housekeeper below?
As for the fear of power being stolen, the current system is also very balanced.
In the past, under the door of the Chinese book, decision-making and deliberation were put together, and then the administration was listed separately.
Now, Zhang Chao is putting decision-making and administration together, and deliberating separately.
What the cabinet wants to do, and then the idea is deliberated by the Hanlin Yuan, and if it is passed, they can implement it according to their own ideas.
The Cabinet and the Hanlin House are balanced with each other, and the Parliament oversees them.
Zhang Chao, the emperor, can actually have an early court every day, listen to them make a briefing at the court meeting, and then you can easily spend a good day.
No more facing a mountain of twists and turns.
No matter how powerful the emperor is, it can't be more powerful than the nine prime ministers and nine bachelors combined The emperor is for life, but the prime minister and the bachelor are elected every five years, up to two ten-year terms, and a third is re-elected for each term.
Therefore, the emperor did not have to worry that the prime ministers and scholars would steal power.
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After all, in this world, Zhang Chao is only one, Zhang Chao can represent Tang, that is a variety of conditions gathered together, this kind of thing is not very common.
As an emperor, just like the chairman of the company, just choose a general manager and his senior management team, and don't have to do everything yourself.
What the chairman has to do is to give the direction of the company's development, and then grasp the personnel rights.
"Your Majesty, Speaker Xu will see you outside the palace."
"Xu Jingzong has arrived."
Xu Jingzong was wearing a yellow python robe, which was a robe that could only be worn by the princes of the Dahua Dynasty, and it belonged to the special gift of the Son of Heaven.
In the last meritorious reward, Xu Jingzong also became one of the thirty-six princes with his merits and was promoted to the lord of the county.
At the beginning, he wholeheartedly supported Zhang Chao, especially in the later stage, he was willing to be a pawn and rushed to the front to persuade Zhang Chao to replace Tang, but the final efforts were not in vain.
He used to be Li Shimin's eighteen bachelors of the Qin Palace, but after Li Shimin became the emperor, he was not very important, and he was demoted several times, thanks to Zhang Chao who has always promoted him.
But it is still incomparable with Fang Du, even Cen Wenchu Suiliang, these juniors, are far higher than him, if it weren't for his bold persuasion this time, which turn would be his crown.
"The minister Xu Jingzong visited my emperor."
"The speaker doesn't have to be so polite, sit."
The chamberlain brought a chair, but Xu Jingzong only sat on half of his buttocks.
"I summoned you here to ask about the Constitution."
"The draft constitution has passed through the lower house and is being submitted to the upper house."
Parliament has legislative power, but Parliament has two councils.
A bill is introduced by one chamber and, after it has been passed by this chamber, must be considered and voted on in the other chamber.
One of the two houses will not pass it.
The formulation of the constitution went smoothly, and Zhang Chao also believed that the upper house would not fail to pass it.
"Our national policy is to rule the country, so it is very important to establish a statutory legal system.
The Constitution is our basic law and the foundation of Dahua's laws.
But it is not enough to have only one constitution, we need to formulate more relevant laws at the root of the constitution to guide all aspects of our Dahua Empire. ” "Your Majesty, please."
Xu Jingzong said very respectfully.
"Parliament should begin preparations for the enactment of a civil code."
The Civil Code is the general law of the civil law system, that is, the basic law.
The Constitution is the general law of all the laws of the country, whereas the Civil Code belongs to the general law of the civil law system.
Later generations of laws are relatively complete, and the civil law system has many classification laws such as marriage law, inheritance law, and copyright law, and this civil code is the general law in all these civil law systems.
The roots of the taxonomy of various civil law systems are here, and they are all based on this.
In order for Dahua to be a country governed by law, it must also have its own civil law system, and the parliament must formulate a marriage law, an inheritance law, and other classified civil laws, but first it must formulate a civil code.
Later generations of China did not have its own civil code, but it did have its own general principles of civil law.
The more famous civil code in later generations is the French Civil Code in which Napoleon personally participated in the system.
"Safeguard civil rights and adjust civil relations."
This is the foundation of the general principles of civil law.
Napoleon's Civil Code put forward three important principles that influenced later generations for hundreds of years.
These three principles are the principle of liberty and equality, the principle of ownership and the principle of freedom of contract.
The Code stipulates that all French people have civil rights, which are non-political rights, including rights relating to individuals, relatives and property.
And in principle, everyone has equal capacity for civil conduct from the moment of adulthood.
According to the Constitution, the legislative power is in Parliament.
The two houses of parliament may establish legislative councils and organize officials, experts, scholars, etc., to study and draft laws.
However, of course, Zhang Chao can also put forward some legislative suggestions with Xu Jingzong.
For example, Zhang Chao proposed that eighteen years old is a chengding, that is, adulthood.
And every Chinese has civil rights.
Every Chinese person enjoys equal capacity for civil conduct from the day he or she reaches adulthood.
Everyone has civil rights, and everyone enjoys equal civil rights.
This is the fundamental principle.
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"We also have to adhere to the principle that private property is sacrosanct, which is stipulated in the Constitution and reaffirmed in the Civil Code."
Xu Jingzong said, "Your Majesty, can I write down these instructions?"
"Of course, you can, not only do you have to write it down, but you also have to mark it."
Since we want to rule the country, we must improve one law after another.
In the past, the law of Zhenguan was too simple to meet the needs of today.
The constitution, the civil code, and then all kinds of civil laws, as well as criminal laws, and so on, must begin to be established one by one.
"The expropriation of private property by the State may be made only on grounds of public interest and on the condition that just and prior compensation be given to all.
The owner of movable or immovable property is entitled to all that is produced by and attached to the property. ” The purpose of this provision is to allow the means of production to be freely used and profitable or sold, and at the same time to ensure that the peasants' private land is protected.
Xu Jingzong took out a notebook, took out a pencil and recorded it carefully.
He knew his position very well, he was the representative of the emperor in the lower house, he did not be the representative of the capitalists, scholars, and landlords in the lower house, he kept in mind that he was the representative of the emperor, and he must represent the imperial power and maintain the imperial power.
In order to maintain the imperial power, of course, it is necessary to act according to the emperor's will when formulating laws.
The emperor said that private property was sacrosanct, and that was of course extremely correct.
If the emperor had changed his words one day, he would have thought it was right.
Anyway, he, Xu Jingzong, is right to follow the emperor closely.
As for what restricts imperial power and what constitutional monarchy, he won't believe it as stupidly as those young scholars in the prison.
Those raw melons and eggs, they don't even know what the true essence of power is, and they think that a constitution can restrain and limit a male lord like Zhang Chao Bullshit, the system is dead, the talent is alive.
"Establish a civil code legislature as soon as possible, there is no written code, this is a mess everywhere, and the industrial and commercial circles are even more brutal competition, and there are many situations of vicious competition.
We have to introduce these civil laws as soon as possible to get rid of these unhealthy tendencies. ” Let Xu Jingzong organize the people of the lower court to hurry up the formulation of the civil code.
On the other hand, Zhang Chao asked Wei Zheng to organize the people of the upper court to formulate a criminal law.
In the past, the law was taught to be generous and simple.
I wish it was as simple as possible.
This kind of thinking has created that local officials have great power of judicial interpretation, and anyway, how to judge depends on the wishes of officials, and there is too much room for maneuver in the middle.
In particular, in the past, the administration of justice was often dominated by civil officials.
Now, Zhang Chao has demanded that courts and procuratorates be set up in all parts of the country, in all prefectures, provinces, and counties, to be responsible for judicial trials, and that civil disputes and criminal cases be handled by the courts.
It is also necessary to establish the principle of first instance and second trial, so that the county order cannot be promoted to the court to try the case, and the village elders should be allowed to try the case.
He also planned to build a new law university to train judges, lawyers, prosecutors, etc.
Instead of staring at the cabinet every day, Zhang Chao is now willing to spend more time on the legislative side of the parliament. t1706231537: